Clear Your Criminal Record & Get a Better Job
There’s a stereotype that employers are less likely to hire a person with a criminal record, but is there any truth to that?
According to the Prison Policy Initiative, formerly incarcerated people have an unemployment rate five times higher than the general population in the US. The longer it’s been since a person’s criminal conviction, the better his or her chances of being hired, but the unemployment rate remains nearly three times as high as the general population even four years after a person’s release.
It’s no surprise that people who are trying to create a better life after completing a criminal sentence often struggle to secure meaningful, quality work.
Many people who have served prison time or have a criminal conviction lack the formal education, experience, and essential skills that they need to start a professional career. Instead, they’re lucky to secure unskilled, low-paying jobs, which makes it really difficult to get back on their feet.
Expungements are a great tool that Oklahoma residents can use to remove criminal convictions from their records to get a better job, plus many other significant benefits. In this article, we’ll explain the difference between a pardon and expungement, the types of expungements, and the huge impact that an expungement can have on a person’s life.
Expungement vs. Pardon
Many people talk about expungements and pardons as if they’re the same, but the two are very different.
A pardon is an official sign of forgiveness from the State of Oklahoma to someone who has been convicted of a crime. However, the conviction still remains on the person’s criminal history unless they proactively seek to expunge their record. Pardons are valuable because they’re the only way that a person can have his or her gun rights and other civil rights restored, but they don’t get rid of a criminal conviction.
A “full” expungement is different from a pardon because it erases a person’s criminal record. The record of an arrest and conviction will not be accessible at the court, oscn.net, or any other publicly accessible criminal database. Legally, it will be as if the crime never happened.
Types of Expungements
There are three main types of expungements: “partial,” “full,” and protective order expungements.
Partial Expungement
A “partial” or “991c” expungement clears a person’s court records associated with a criminal matter, but it does not erase a person’s arrest record. The record will be cleared in the Court Clerk’s records, oscn.net, and odcr.com, but importantly, the records will not be sealed in a person’s OSBI background history or with the arresting agency. However, if a person provides a certified copy of the Expungement Order to OSBI, his or her criminal record will state that they “pled not guilty, case dismissed,” instead of stating that they pled guilty and received a deferred sentence.
Potential employers will look much more favorably upon an applicant whose criminal record shows that they pled not guilty and their case was dismissed than someone whose criminal record shows a guilty plea, even if it ended with them receiving a deferred sentence. Partial expungements can be really helpful for people who are not yet eligible for a full expungement.
Keep in mind that a person must have been granted and successfully completed a deferred sentence to get a partial expungement.
Full Expungement
A “full” or “Section 18/19” expungement clears a person’s criminal history in the state of Oklahoma. There will be no record of an arrest, charges filed, or the court disposition in any publicly accessible criminal record database, including OSBI.
Only with a full expungement can a fully completely move past his or her mistakes once and for all.
The incident never occurred. On any future employment applications or during a job interview, a person who has received a full expungement has no obligation to disclose the incident because, legally, it’s as if the criminal matter never happened.
Protective Order Expungements
Records associated with a victim protective order are readily accessible by the public, which can cause a lot of stigma and other issues. However, those too can be sealed.
One challenge that many of our clients have run into is that Protective Orders used to last forever in Oklahoma, and a person with an active Protective Order is not able to purchase a firearm. However, a Final Protective Orders must be vacated for at least three years to be eligible for an expungement. Redbud Law has successfully had numerous Protective Orders vacated retroactively so that our clients are immediately eligible for expungement.
Benefits of Expungements
Arguably the most life-changing benefit of an expungement is that it can erase the stigma of a criminal record and open the door to more and better job opportunities. Also, it may make it easier to attend college. Some people have struggled to gain acceptance to a college or university with a criminal record. On top of that, getting Federal aid or private loans is often harder with a criminal conviction.
There’s a lot of prejudice against people with a criminal record, but an expungement helps people keep their past private. Whether it’s a potential employer looking into your background, or just a nosy neighbor, having a way to clear your record helps protect your privacy.
Finding a suitable place to live, adopting a child, and even volunteering are all more difficult with a criminal record. The benefits of an expungement are truly life-changing.
Are You Eligible?
Even if you’re not yet eligible for a full expungement, you may be able to get a partial expungement to help you secure a better job and begin rebuilding your life. Not sure which type you’re eligible for yet? Take our free Expungement Eligibility Quiz and then get in touch with Clean Slate Law to move forward.
